POINTERS IN ADMINISTRATIVE LAW

(Atty. Mary Ellen S. Cabuhat)

ADMINISTRATIVE LAW

Branch of public law which fixes the organization, and determines the competence of
administrative authorities, and indicates to the individual remedies for the violation of his
rights.1 It is the branch of modern law under which the executive department of the
government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the
conduct of the individual for the purposes of promoting the well-being of the community.

MANNER OF CREATION OF ADMINISTRATIVE AGENCIES

(1) Constitutional Agencies – those created by the Constitution

(e.g. CSC, COMELEC, COA, CHR, Judicial and Bar Council, and NEDA)

(2) Statutory Agencies

(e.g. NLRC, SEC, PRC, , Energy Regulatory Commission, and Insurance Commission)

(3) Executive Orders/ Authorities of law

(e.g. Fact-finding Agencies)

TERMINOLOGIES

Instrumentality refers to any agency of the National Government, not integrated within the
department framework vested within special functions or jurisdiction by law, endowed with
some if not all corporate powers, administering special funds, and enjoying operational
autonomy, usually through a charter. This term includes regulatory agencies, chartered
institutions and government-owned or controlled corporations.

Regulatory Agency refers to any agency expressly vested with jurisdiction to regulate,
administer or adjudicate matters affecting substantial rights and interests of private persons,
the principal powers of which are exercised by a collective body, such as a commission,
board or council.

Chartered Institution refers to any agency organized or operating under a special charter,
and vested by law with functions relating to specific constitutional policies or objectives. This
term includes the state universities and colleges and the monetary authority of the State.

Government-owned or Controlled Corporation refers to any agency organized as a stock or

non-stock corporation, vested with functions relating to public needs whether governmental
or proprietary in nature, and owned by the Government directly or through its
instrumentalities either wholly, or, where applicable as in the case of stock corporations, to
the extent of at least fifty-one (51) per cent of its capital stock: Provided, That government-
owned or controlled corporations may be further categorized by the Department of the
Budget, the Civil Service Commission, and the Commission on Audit for purposes of the
exercise and discharge of their respective powers, functions and responsibilities with respect
to such corporations.
KINDS

(1) Government grant or gratuity, special

privilege (e.g. Bureau of Lands, Phil. Veterans Admin., GSIS, SSS, PAO)

(2) Carrying out the actual business of government (e.g. BIR, Bureau of Customs, Bureau of
Immigration, Land Registration Authority)

(3) Service for public benefit (e.g. Phil Post, PNR, MWSS, NFA, NHA)

(4) Regulation of businesses affected with public interest (e.g. Insurance Commission, LTFRB,
NTC, HLURB)

(5) Regulation of private businesses and individuals (e.g. SEC)

(6) Adjustment of individual controversies because of a strong social policy involved

(e.g. NLRC, SEC, DAR, COA).

POWERS OF ADMINISTRATIVE AGENCIES

(1) Quasi-legislative (Rule-making) - the authority delegated by the law-making body to the
administrative agency to adopt rules and regulations intended to carry out the provisions of
a law and implement a legislative policy.

(2) Quasi-judicial (Adjudicatory) - the power of the administrative agency to determine

questions of fact to which the legislative policy is to apply, in accordance with the standards
laid down by the law itself. Includes the following powers: subpoena, contempt, and to issue
warrant of arrest and search warrant for the purpose of determining the existence of
probable cause leading to an administrative investigation.

(3) Determinative powers - fact-finding, investigative, licensing and rate-fixing powers

a. Enabling powers - permit the doing of an act which the law undertakes to regulate and
which would be unlawful without government approval (e.g. issuance of licenses to engage
in particular business or occupation)

b. Directing powers - order the performance of particular acts to ensure compliance with
the law and often exercised for corrective purposes

(i) Dispensing powers - allows the administrative officer to relax the general
operation of a law or exempt from performance of a general duty.

(ii) Examining powers - enables the administrative body to inspect the records and
premises, and investigate the activities, of persons or entities coming under its jurisdiction.

(iii) Summary powers - those involving use by administrative authorities of force

upon persons or things without necessity of previous judicial warrant.
Doctrine of Non-Delegation of Legislative Powers
The doctrine of non-delegation of powers is based on the maxim “Potestas Delegata non
Potest Delegare,” which is an ethical principle that delegated power constitutes not only a
right but a duty to be performed by the delegate through the instrumentality of his own
judgment and not through the intervening mind of another.

Requisites of Valid Delegation to Administrative Bodies: (a) issued under authority of law;
(b) within the scope and purview of the law; (c) reasonable; and (d) publication.

Doctrine of Subordinate Legislation

The power to promulgate rules and regulations is only limited to carrying into effect what is
provided in the legislative enactment.

Additional Requisites if with Penal Sanctions: (a) the law must itself declare as punishable
the violation of the administrative rules or regulation; and (b) the law should define or fix
the penalty for the violation of the administrative rule or regulation.

Tests for Valid Delegation

(a) Completeness Test – The Law must be in all its essential terms and conditions when it
leaves the legislature so hat there will be nothing left for the delegate to do when it reaches
him except to enforce it.

(b) Sufficient Standard Test – Intended to map out the boundaries of the delegate’s
authority by defining the legislative policy and indicating the circumstances under which it is
to be pursued and effected. This is intended to prevent a total transference of legislative
power from the legislature to the delegate. The standard is usually indicated in the law
delegating legislative power.

Doctrine of Separation of Powers

The doctrine of separation of powers demands that proper respect be accorded the other
departments, courts are loathe to decide constitutional questions as long as there is some
other basis that can be used for a decision.

Doctrine of Qualified Political Agency or the Alter Ego Doctrine

Recognizes the establishment of a single executive, all executive and administrative
organizations are adjuncts of the Executive Department, the heads of the various executive
departments are assistants and agents of the Chief Executive, and except in cases where the
Chief Executive is required by the Constitution to act in person or the exigencies of the
situation demand that he act personally, the multifarious executive and administrative
functions of the Chief Executive are performed by and through the executive departments,
and the acts of the Secretaries of such department performed and promulgated in the
regular course of business are, unless disapproved or reprobated by the Chief Executive
presumptively acts of the Chief Executive.

REQUISITES OF ADMINISTRATIVE DUE PROCESS

(a) Right to a hearing;

(b) Tribunal must consider evidence presented;
(c) Decision must have something to support itself;
(d) Evidence must be substantial;
(e) Decision must be based on the evidence adduced at the hearing, or at least contained in
the record and disclosed to the parties;
(f) The Board or its judges must act on its or their independent consideration of the facts and
the law of the case, and not simply accept the views of a subordinate in arriving at a decision; and,
(g) Decision must be rendered in such a manner that the parties to the controversy can
know the various issues involved and the reasons for the decision rendered.

REMEDIES AGAINST ADMINISTRATIVE ACTIONS

1. Administrative Appeals and Review (a) where provided by law; (b) by virtue of the power
of control by the President; (c) appellate administrative agencies; and (d) judicial review.

2. Doctrine of Administrative Res Judicata

Decisions and orders of administrative agencies, rendered pursuant to their quasi-judicial
authority, have upon their finality, the force and binding effect of a final judgment within the
purview of the doctrine of res judicata.

Res judicata literally means a matter adjudged, judicially acted upon or decided, or settled
by judgment. It provides that a final judgment on the merits rendered by a court of
competent jurisdiction is conclusive as to the rights of the parties and their privies; and
constitutes an absolute bar to subsequent actions involving the same claim, demand or
cause of action.

3. Doctrine of Exhaustion of Administrative Remedies

Whenever there is an available administrative remedy provided by law, no judicial recourse
can be made until all such remedies have been availed and exhausted. Thus, before a party
is allowed to seeks the intervention of the court, he should have availed himself of all the
means of administrative processes afforded him.

Exceptions to the Doctrine of Exhaustion of Administrative Remedies

a. Where there is estoppel on the part of the party invoking the doctrine;
b. Where the challenged administrative act is patently illegal, amounting to lack of
jurisdiction;
c. Where there is unreasonable delay or official inaction that will irretrievably prejudice the
complainant;
d. Where the amount involved is relatively small so as to make the rule impractical and
oppressive;
e. Where the question involved is purely legal and will ultimately have to be decided by the
courts of justice;
f. Where judicial intervention is urgent;
g. When its application may cause great and irreparable damage;
h. Where the controverted acts violate due process;
i. When the issue of non-exhaustion of administrative remedies has been rendered moot;
j. When there is no other plain, speedy and adequate remedy;
k. When strong public interest is involved; and
l. In Quo Warranto proceedings.

4. Doctrine of Primary Jurisdiction or the Doctrine of Prior Restraint

Where there is competence or jurisdiction vested upon an administrative body to act upon a
matter, no resort to the courts may be made before such administrative body shall have
acted upon the matter.
5. Doctrine of Finality of Administrative Action
Courts will not interfere with the act of an administrative agency before it has reached
finality or it has been completed. Rationale: Without a final order or decision, the power has
not been fully and finally exercised.

6. Judicial Review

Requisites of Judicial Review

(a) there must be an actual case or controversy calling for the exercise of judicial power;
(b) the person challenging the act must have the standing to question the validity of the
subject act or issuance; otherwise stated, he must have a personal and substantial interest in
the case such that he has sustained, or will sustain, direct injury as a result of its
enforcement;
(c) the question of constitutionality must be raised at the earliest opportunity; and (d) the
issue of constitutionality must be the very lis mota of the case.